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Legal Updates & Insights

  • article

    Individual Accountability and SEAR – Increased Regulatory Scrutiny

    At the end of July, the long-awaited General Scheme of the Central Bank (Individual Accountability Framework) Bill 2021 was published. It provides for an Individual Accountability Framework designed to deliver heightened accountability in the financial system and follows the Central Bank of Ireland's focus on consumer issues in a number of sectors.

    Financial Regulation
  • Article

    Central Bank of Ireland publishes Consultation Paper and Guidance on the Use of Service Companies for Staffing Purposes in the Insurance Sector

    On 6 August 2021, the Central Bank of Ireland (CBI) published a Consultation Paper seeking stakeholders’ views on its proposed Guidance on the Use of Services Companies for Staffing Purposes in the Insurance Sector (the Guidance).

    Insurance & Reinsurance
  • publication

    EU sustainability-related disclosures - delayed until 1 July 2022 | EC replies to SFDR questions

    1 July 2022 is the new date for implementation of the next phase of sustainability-related disclosure requirements under the Sustainable Finance Disclosures Regulation (SFDR).

    Asset Management & Investment Funds
  • Court decisions on the recovery of rent during the pandemic
    article

    Court decisions on the recovery of rent during the pandemic

    The English High Court has recently granted summary judgment against several tenants for rent arrears, which accrued during the COVID-19 pandemic, in two cases: Commerz Real Investmentgellschaft mbH v TFS Stores Ltd [2021] EWHC 863 (Ch) (Commerz) and Bank of New York Mellon (International) Ltd v Cine-UK Ltd and Others [2021] EWHC 1013 (QB) (Bank of NY).

    COVID-19
  • Article

    Financial Services Regulation and Compliance - Insurance Jul 2021

    Domestically, the CBI published the first issue of the Employers’ Liability, Public Liability and Commercial Property Insurance Report of the National Claims Information Database (NCID) and updated NCID FAQs; At European level, , EIOPA amended its decision on the collaboration of the insurance supervisory authorities of the Member States in the EEA

    Financial Regulation
  • Article

    Financial Services Regulation and Compliance - Funds Jul 2021

    Domestically, , the new cross-border distribution of funds regime applies from 2 August 2021; At European level, an amending UCITS Directive and amending AIFMD Regulations were published and the cross-border distribution of funds regime came into effect.

    Asset Management & Investment Funds
  • Article

    Financial Services Regulation and Compliance - General Cross Sectoral Jul 2021

    Domestically, the Department of Finance published a General Scheme of Bill to implement SEAR and the Individual Accountability Framework; At European level, the ECB and ESRB published a joint report on climate risk across the EU financial sector.

    Financial Regulation
  • Article

    Financial Services Regulation and Compliance - Investment Firms Jul 2021

    Domestically, the CBI published its findings following its industry review of MAR compliance and issued three Dear CEO letters; At European level, the EBA issued an opinion on the implementation of the IFD/IFR and published its final draft technical standards to improve supervisory cooperation for investment firms.

    Asset Management & Investment Funds
  • Article

    Financial Services Regulation and Compliance - Banking Jul 2021

    Domestically, Deputy Governor of the CBI, Sharon Donnery gave a speech in relation to the levels of public debt in post-pandemic environment; At European level, the EBA launched a consultation on limited network requirements under PSD2, consulted on technical standards on risk retention requirements under the Securitisation Regulation

    Finance
  • Article

    Sellers: Don’t force resellers to sell at a minimum price or a particular price. The Coach House Case

    The general rule is that resellers may charge whatever price they want when they resell goods which they have bought – in other words, the supplier may not tell the reseller the price at which goods are to be resold.

    EU, Competition & Procurement
  • article

    Irish CCPC clears acquisition subject to a duty to brief, and even notify, the CCPC of future “below-threshold” deals

    Ireland's Competition and Consumer Protection Commission (CCPC) has cleared an acquisition of six companies in the nursing home sector subject to commitments by the buyer.

    EU, Competition & Procurement
  • Guidance on uncertain costs in public construction contracts
    Article

    Guidance on uncertain costs in public construction contracts

    Due to the COVID-19 pandemic, many nations adopted strict lockdown measures which led multiple businesses to temporarily close until they could continue to operate safely.

    COVID-19 Belfast